Another problem cited by the report is the increasing number of errors and omissions claims that
involve dual agency situations.
Recently it was announced, at the 5th Annual General Meeting of the Real Estate Council of Ontario, that more than 70 per cent of the claims paid out from the province ‑ wide errors and omissions insurance fund
involved dual agency.
Mr. Forster wrote: «Recently it was announced, at the 5th Annual General Meeting of the Real Estate Council of Ontario, that more than 70 per cent of the claims paid out from the province wide errors and omissions insurance fund
involved dual agency.»
Mr. Silverstein went on to say that, «Claims are most frequently reported by Listing Brokers, and that claims
involving dual agency have the highest average claims payments and reserves.»
Not exact matches
(the same survey showed of those sellers
involved in a brokerage owning more than one location, 94 % were not told about the other offices also caused
dual agency) 3) Inadequate Dual Agency Disclosure pre-Buyer Agency Agreement sign
dual agency) 3) Inadequate Dual Agency Disclosure pre-Buyer Agency Agreement si
agency) 3) Inadequate
Dual Agency Disclosure pre-Buyer Agency Agreement sign
Dual Agency Disclosure pre-Buyer Agency Agreement si
Agency Disclosure pre-Buyer
Agency Agreement si
Agency Agreement signing.
Conflicts may arise if buyers refuse
dual agency or the nature of
dual agency is not clear to all parties
involved.
Intelligent and experienced Realtors know when
dual agency can create problems, and they understand the necessary measures to take which might include getting the lawyers more
involved or simply stepping back from either the buyer or the seller.
I wish someone would / could explain what kind of model would sustain itself without
dual agency being
involved.
Also very few agents get overly
involved in explaining «
dual agency» to their buyers and generally have the buyers agree to their being represented in a
dual agency situation on signing a BRA contract rather than at the time of the conflict..
Certainly the seller very likely does not entertain the concept that right there at the beginning of the process,
dual agency has become
involved — right from the get - go.
If limited
dual agency was a problem, we'd see most complaints arise from situations
involving limited
dual agency; but we don't.
An important distinction between limited
dual agency that arises in brokerage
agency as compared to limited
dual agency that arises in designated
agency is that under brokerage
agency dual agency occurs in «in - house» transactions
involving more than one licensee.
Consequently, whether a
dual agency trade
involves one licensee or more than one licensee related to the same brokerage, the remuneration to be disclosed is the total remuneration to be earned by the brokerage.
Dual agency occurs when the brokerage firm represents the buyer and seller on the same transaction (even if different agents are
involved).
Consider that
dual agency is illegal for all other professions and that the conflicts of interests are so severe that common - law often presumes that
dual agency involves fraud.
The court affirmed the appellate court's opinion by holding that, pursuant to that statute, each of the salespeople
involved in a
dual agency transaction owe fiduciary duties to both the buyer and the seller.
Further, even though it was not pertinent to the question of
dual agency, because it
involved another property, the court observed that the brokerage's contact with Lindholm regarding the Rickstrew ranch was ministerial and was done in furtherance of the sale of the Olsen ranch, for Vail Associates knew that Lindholm would not purchase the Olsen ranch if he could not also Purchase the Rickstrew ranch.
One of the most important remedies often available to victims of undisclosed
dual agency is rescission of the contract — because
dual agency transactions rarely
involve an arms - length transaction.
On Tuesday, HUD announced that is was banning
dual agency on short sale transactions (transactions
involving distressed homeowners) in order to help achieve its goal of an «arms - length transaction.»
Dave as I stated in my previous post to you, it is of crucial importance that when an agent is
involved in a
dual agency role that the following be strictly applied:» The important thing in a
dual transaction is that the property is sold at current market value.
As of Jan. 1, 2015, the duty of a real estate agent to disclose in writing his or her representation of a buyer, seller, tenant and / or landlord, including any
dual agency relationship, in residential real property transactions extended to transactions
involving commercial real property.